screenshot from http://www.cookcountysheriff.com/
As has been noted elsewhere, we are in the midst of a prison reform moment. This is great! This is what we’ve been fighting for.* Still, I’ve been a bit troubled by the way the conversation on jails is starting to focus on the mentally ill. Don’t get me wrong. County and city jails were not designed to hold mentally ill people. They do not have adequate staffs to support mentally ill populations. The incarceration of people who are mentally ill and can only get access to resources through jails is abhorrent. I agree with Cook County Sheriff Tom Dart that “Jails and prisons are the new insane asylums.” I agree with The New York Times that “The mayhem inside city jails is especially striking given the historic declines in rates of homicide and other violent crimes outside of them.” Are America’s mentally ill suffering in jails? Yes. Of course. This is not a question for me. I am glad to see that the media is finally paying attention to an issue that scholars and corrections officials have long known about (this article is a good starting point).
But, still, I find this emergent discourse on jail reform problematic and unsettling for a number of reasons. I have lots of questions and few answers.
1. What are we asking for when we talk about jail reform and the mentally ill?
If we take the mentally ill out of jails and put them somewhere else, do we really believe that will we have less violent jails, or smaller jails? If we provide adequate treatment for the mentally ill in jails to replace mental institutions, are we creating a new and disturbing role for local jails? Are we arguing for a reinstatement of institutionalization? If we accept that deinstitutionalization was problematic, how do we create new institutions and new perimeters for institutionalization that don’t repeat the damage done to the mentally ill in the past? Are we willing to fund these institutions? Are we willing to advance the notion present in the media that all mentally ill people are violent, or potentially violent? Do we want to pay higher taxes so that our counties or states can be custodians of these populations, or so that the federal government can expand Medicaid and other services? Do we expect jail reform for the mentally ill to be a panacea? Are the mentally ill pawns in a larger conversation about the inadequacy of government to respond to social problems?
2. How do we talk about jail reform with regard to those who aren’t mentally ill?
When we talk about jail reform for the mentally ill, are we erasing the vast majority of people in jails who aren’t mentally ill? Are we perpetuating the belief that people who aren’t mentally ill deserve to be in jails, particularly as they await trial? When we focus on the mentally ill, do we overlook the fact that jails weren’t designed to house anyone for a long time? Does this focus lead us away from simple, common-sense solutions that can dramatically reduce the jail population, such as bail reform for people awaiting trial?
3. When we focus on the mentally ill, how are we talking about jail staff?
When we talk about jail guards involved in brutality- either as victims or perpetrators- are we comfortable with the fact that corrections officers are among the lowest paid public employees? Are we willing to acknowledge that jail staff have a right to protect themselves in an incredibly dangerous work environment? Are we going to provide better support- psychological, medical, and social- for jail staff who bear the burden of negotiating the jail crisis on a daily basis? Are we investing in the notion that better training for jail staff can prevent violence, rather than a dramatic reorganization of the criminal justice system? Do we think that adding more psychological services in jails- and in turn, paying to attract qualified staff- would solve the problem? What happens when we think about jail reform as a labor issue?
Again, I don’t think jails should house the mentally ill. But I think if we are going to let the conversation about the mentally ill drive conversations about jail reform, we- activists, citizens, scholars, public officials- need to be clear about what we are asking for and the potential unintended consequences. In a neoliberal political culture that favors disinvestment from public institutions, what are the real possibilities for dealing with this issue? I have yet to see compelling, realistic solutions factor into these conversations.
Sustaining the jail crisis is expensive. Jail reform is expensive. What price are we willing to pay?
*even if the prison vogue reminds me a bit of Lee Bernstein’s analysis of the 70s reform moment in his fantastic book America is the Prison… another post for another day.